Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18265 of 2019 Applicant :- Gaurav Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Saurabh Tripathi,Usha Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Shri Saurabh Tripathi for the applicant and Shri Amit Sinha, learned AGA for the State.
This bail application has been filed by the applicant Ram Bharose seeking enlargement on bail during the trial in Crime No. 423 of 2018, under Section 307 of IPC, Police Station- Sindhauli, District-Shahjahanpur.
As per prosecution case, on 16.09.2018, the applicant made indiscriminate fire upon one Brijnandan, as a result of which he sustained injuries on his hands.
Counsel for the applicant submits that from the FIR itself it is apparent that injury was caused by Saurav Singh and not by the applicant Gaurav Singh. He submits, even otherwise, the nature of injury suffered by the victim is simple and no offence under Section 307 of IPC is made out. Lastly, it has been submitted that the applicant is in jail since 18.02.2019.
On the other hand, learned AGA opposes the application for bail.
Considering the facts and circumstances of the case, without further commenting on merit, I am inclined to release the applicant on bail.
Let the applicant Gaurav Singh be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under section 229-A I.P.C.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 30.4.2019 nethra